CAT/C/TGO/CO/3
issued against them, given the absolute nature of the obligation of non-refoulement (arts. 3
and 7).
21.
The State party should ensure full respect for the principle of non-refoulement
enshrined in its legislation and in article 3 of the Convention, and therefore refrain
from expelling, returning or extraditing a person to another State where there are
substantial grounds to believe that he or she would be in danger of being subjected to
torture or ill-treatment. Refoulement decisions should be subject to judicial review on
a case-by-case basis, and carry a right of appeal that has suspensive effect. The State
party should also include in its next periodic report information on the number of
persons expelled or extradited, specifying to which countries, the number of judicial
decisions overruling or cancelling expulsion orders on the basis of the principle of
non-refoulement, and any other relevant measures taken. It should also inform the
Committee of the diplomatic follow-up it has given to the above-mentioned case, if any.
Allegations of torture and ill-treatment
22.
Recalling paragraphs 9 and 10 of its previous concluding observations, the
Committee remains concerned about allegations of torture and ill-treatment in detention, in
particular of persons held in custody in police stations and gendarmeries. The Committee is
particularly concerned about allegations of torture and ill-treatment in the jails of the
Central Criminal Investigation and Research Service, in particular of persons arrested on
account of their participation in demonstrations or their support for the political opposition.
The Committee welcomes the State party’s intention, announced orally during the
interactive dialogue with the Committee, to launch an investigation into the practices of the
Central Criminal Investigation and Research Service and would appreciate being informed
of the findings of this investigation (art. 2).
23.
In the light of the recommendations made by the Committee in paragraph 9 of
its previous concluding observations, the State party should:
(a)
Clearly reaffirm the absolute prohibition of torture by publicly
condemning the practice of torture and raising awareness of and disseminating the
content of the Criminal Code;
(b)
Give clear instructions to members of the security forces (police,
gendarmerie and Central Criminal Investigation and Research Service), which state
that the prohibition of torture is absolute, that torture is a criminal offence and that
the perpetrators of acts of torture will be prosecuted;
(c)
Ensure that the competent authorities routinely launch an investigation
whenever there are reasonable grounds to believe that an act of torture has been
committed and enlist the support of civil society in documenting such acts. In addition,
ensure that suspects duly stand trial and, if found guilty, are given sentences that are
commensurate with the seriousness of their acts.
Conditions of detention
24.
The Committee remains deeply concerned about the persistence of conditions of
detention amounting to ill-treatment in the majority of institutions in the country. The
Committee is concerned that the budget of the prison administration has not been increased
since 2015, and notes the unsanitary conditions, lack of ventilation and light, insufficient
quantity of food – consisting of only one meal a day – and the limited recreational or
training activities to foster rehabilitation in places of detention. In addition, the Committee
regrets the absence of any effective separation between categories of detainees and the lack
of qualified prison staff, which means that inmates themselves are responsible for
supervision, resulting in violence and corruption. While welcoming the opening of the new
prison in Kpalimé, which has helped to ease overcrowding at Lomé prison, the Committee
remains concerned at the rate of overcrowding in all places of detention; the national
occupancy rate is currently 182 per cent, and there is no comprehensive prison policy to
address the multiple causes of overcrowding. The Committee regrets that the alternatives to
detention set forth in the new Criminal Code cannot be applied because of the present lack
of a Code of Criminal Procedure. Moreover, the Committee is concerned that there are
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